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  • Dry Solution Express Corporation Plaintiff vs. First Community Insurance Company Defendant 3 document preview
  • Dry Solution Express Corporation Plaintiff vs. First Community Insurance Company Defendant 3 document preview
  • Dry Solution Express Corporation Plaintiff vs. First Community Insurance Company Defendant 3 document preview
  • Dry Solution Express Corporation Plaintiff vs. First Community Insurance Company Defendant 3 document preview
  • Dry Solution Express Corporation Plaintiff vs. First Community Insurance Company Defendant 3 document preview
  • Dry Solution Express Corporation Plaintiff vs. First Community Insurance Company Defendant 3 document preview
  • Dry Solution Express Corporation Plaintiff vs. First Community Insurance Company Defendant 3 document preview
  • Dry Solution Express Corporation Plaintiff vs. First Community Insurance Company Defendant 3 document preview
						
                                

Preview

Case Number: COWE-21-001437 Division: 81 Filing # 121407854 E-Filed 02/15/2021 03:58:15 PM IN THE COUNTY COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA DRY SOLUTION EXPRESS, CORP. a/a/o ANGIE RODRIGUEZ, Plaintiff, Vv. CASE NO.: FIRST COMMUNITY INSURANCE COMPANY, Defendant. / COMPLAINT The Plaintiff, DRY SOLUTION EXPRESS, CORP. a/a/o ANGIE RODRIGUEZ (hereinafter referred to as “Plaintiff’) by and through the undersigned counsel, hereby files its Complaint against the Defendant, FIRST COMMUNITY INSURANCE COMPANY, (hereinafter referred to as the “Defendant”), and in support thereof states: 1 This is an action for damages which does not exceed Eight Thousand dollars ($8,000.00), but does not exceed Thirty Thousand dollars ($30,000.00), exclusive of interest, attorney’s fees, and costs, and is otherwise within the jurisdiction of this Court. That at all times material hereto the Plaintiff was and is Florida corporation with its principal place of business in Florida. That at all times material hereto the Defendant was and is an insurance company authorized to do business in the State of Florida and doing business in Broward County, Florida. 4. The Defendant issued a Homeowner’s Policy No. 090011626763400 (hereinafter #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/15/2021 03:58:13 PM.**#* referred to as the “Policy”) to the insureds, Angie Rodriguez and Fredy Martinez (hereinafter referred to as “insureds”), providing insurance coverage for losses as otherwise described in the Policy. At all times material hereto, the insureds’ property where the subject loss occurred, was located at 2200 East Preserve Way, Apt. 305, Miramar, FL 33025, (hereinafter referred to as “Property”). Jurisdiction for this litigation is proper in Broward County, Florida, by virtue of the fact that (1) the Property is located in Broward County, Florida; and (2) the cause of action arose in Broward County, Florida. On or about September 21, 2020, the insureds suffered a covered water loss while the subject policy was in full force and effect. Upon notice of the loss the Defendant acknowledged the claim and assigned the claim number 20-5825. Pursuant to the subject Policy, upon the occurrence of a loss, the insureds are required to make reasonable and necessary repairs to protect the property from further damages. 10. Pursuant to this mandate, on or about September 21, 2020, the insureds hired the Plaintiff to perform water extraction services on the Property. 11 Plaintiff provided necessary water extraction services for the insureds in exchange for a post-loss assignment of insurance benefits for water mitigation services. A copy of the executed assignment of benefits for water extraction service is attached as Exhibit “A”. 12. Plaintiff brings this action pursuant to such post-loss assignments of insurance benefits. 13. The insureds timely provided all the required notices to the Defendant, preserved the Property to the extent possible, and otherwise complied with all conditions in order to recover under the policy, or in the alternative, those conditions have been waived or excused by the Defendant. 14. As an assignee of the insureds, compliance by the insureds with all conditions is compliance by the Plaintiff, and any waiver that benefits the insureds, also benefits the Plaintiff. 15 In accordance with the aforementioned assignment of insurance benefits, Plaintiff timely submitted invoices for covered water extraction services to the Defendant prior to this action. 16. However, Defendant failed to pay Plaintiff's invoices for water extraction services. 17. On January 28, 2021, in compliance with Fla. Stat. § 627.7152 (2019), Plaintiff provided Defendant with a Notice of Intent to Initiate Litigation, to the email address provided by Defendant. 18 As such, all conditions precedent to liability, damages and the filing of this action, have occurred or have otherwise been excused or waived. 19. Plaintiff has been forced to employ the legal services of Diaz Legal Consulting, LLC to bring this action and has agreed to pay reasonable attomey’s fees. 20. Plaintiff is entitled to reasonable attorney’s fees pursuant to Fla. Stat. § 627.7152 for the successful rendition of a judgment/decree against the Defendant. COUNT I—- BREACH OF CONTRACT FOR NON-PAYMENT OF WATER EXTRACTION SERVIC 21. Plaintiff re-avers and re-alleges paragraphs 1 through 20 of this Complaint. 22. Pursuant to the aforementioned assignment of benefits for water extraction services, the parties were mutually bound to an insurance contract. 23 This insurance contract obligates the Defendant to compensate the Plaintiff for the water extraction services provided to preserve the property and protect it from further loss. 24. The insureds suffered a covered water loss and subsequently executed an assignment of insurance benefits to the Plaintiff in exchange for water extraction services. 25 Despite the aforementioned, the Defendant failed to compensate the Plaintiff for the services rendered, thus breaching the above referenced insurance contract. 26. As a direct and proximate result of the Defendant’s breach of the Policy, the Plaintiff has sustained damages. WHEREFORE, the Plaintiff demands Judgment for the required compensation per the Policy, as well as taxable costs, interest, and reasonable attorney’s fees under Fla. Stat. § 627.7152, and any other relief this Honorable Court deems just and appropriate. DEMAND FOR JURY TRIAL Plaintiff demands trial by a jury as a matter of right on all counts and issues triable by jury. [Certificate of Service on the Next Page] CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served with the Summons on Defendant. DIAZ LEGAL CONSULTING, LLC Attomey for the Plaintiff 9661 Sunrise Lakes Blvd. #102 Sunrise, FL 33322 Ph: 954-866-0540 Email: mdiaz@diazlegalconsulting.com By: /s/ Maria F. Diaz Maria F. Diaz, Esq. Florida Bar No. 0117679 Dated this 15th day of February, 2021. EXHIBIT “A” DRY Sam. Ss WATER ol UTI °o n Exp MOLD FIRE * SERVICE AGREEMENT AND ASSIGNMENT OF INSURANCE BENEFITS FOR MITIGATION SERVICES Owner/Agent Name: Keecy tortie / AVQIE FOPpEVES / Address: 2200 BE Feesteve way Phone(s): 454 ¢ SBV2S6 Email: brah rez 02250 erent Cond Ins. Company: EAA ECS MSCE Rp) CE & DI. YIP PolicyNo.: D7 OCU 626 7E2 ¥ 03 Claim No.: Zo- $8 2S Date of Loss: Ig, 20 Agreement: the Owner/Agent for the job site listed above (herein “Customer”), agrees and understands that this is a binding contract for goods or services between him/her and Dry Solution Express, Corp. (herein “DSE”). Customer authorizes DSE to enter the property, furnish materials, supply all equipment, provide all reasonably necessary repairs, and perform all labor necessary to protect, repair, restore, or replace a dwelling or structure or to mitigate against further damage to such property. However, DSE makes no guarantees as to the non- growth of microorganisms after performance of water mitigation services per standard industry procedures. Estimates: due to the nature of some of the services performed by DSE, estimates might not be available in advance of completed work. However, DSE has provided its Standard Price List below. Services not listed will be subject to reasonable prices of the industry. In case of emergency, the first day of the emergency costs will be estimated below or on a separate invoice. Stop Work-Hold Harmless: in the event DSE is not allowed to perform its recommended procedures and/or drying equipment is removed prematurely, Customer agrees to release and hold DSE harmless, and indemnify DSE against all claims or actions that may result from such procedures. Assignment of Insurance Benefits and authorization of Direct Payment by Insurance Company: Customer hereby assigns and transfers to DSE all post-loss insurance rights, benefits and causes of action under Customer’s property insurance policy for the services provided by DSE in consideration for DSE’s performance of services, without requiring full payment at the time of service. Customer authorizes his/her home insurance company to make direct payment of any benefits owed to DSE, and to release any and all information requested by DSE or its Attorney for the purpose of obtaining such benefits. Customer hereby appoints DSE as attorney-in-fact authorizing DSE to endorse Customer’s name, and to deposit insurance checks or drafts for DSE. If payment for DSE’s services is made to Customer, Customer agrees to turn it over to DSE within 48 hours of receipt. Customer can rescind this assignment of insurance benefits, within the timeframe explained below, by providing a signed notice to DSE in writing. Customer would be personally liable for any work performed by DSE before such rescission is received by DSE. DSE will provide the Customer’s insurer with a copy of this agreement within 3 business days from the date on which it is executed or the date on which work begins, whichever is earlier. PAYMENT: In exchange for this assignment of benefits, DSE agrees indemnify and hold the Customer harmless from all liabilities, damages, losses, and costs, including, but not limited to, attorney fees, should the policy subject to the assignment agreement prohibit in whole or in part, the assignment of benefits. However, Customer would be personally liable for any betterment ordered and approved by the Customer, and for any applicable insurance policy deductible. 14041 Richwood Place, Davie, FL 33325 Ph: 954-366-4307 / info@drysolutionexpress.com YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY. HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY. Non-assignment and severability: If any provision is or becomes unenforceable or invalid, this Agreement shall be interpreted and enforced as if it did not contain the said clause or provision. Breach, venue and applicable law: in the event of breach of this Agreement, Customer agrees to pay DSE for the collection costs, and attorney's fees necessary to enforce this contract and/or to recover any unpaid amounts due under this Agreement. In that case, the choice of forum would be Broward County Court, and the choice of law Florida. STANDARD PRICE LIST Emergency Service Call Business Hours: $170.00 Generator: $125.00 per day (Min. of 3 days) Emergency Service Call after Hours: $250.00 Dehumidifier: $110.00 per day (Min. of 3 days) Clean Water Extraction (up to 2 inches high): $0.56 per sq. ft. Blowers: $29.00 per day (Min. of 3 days) Clean Water Extraction Commercial Building: $0.75 per sq. ft. Air Scrubber: $125 per day (Min. of 3 days) Black Water Extraction (Contaminated): $0.85 per sq. ft. Ozone Machine: $155.00 per day (Min. of 3 days) Clean Walls & Ceilings heavy: $0.40 per Sq. ft Contents Manipulation: $40 per hour Sanitize, Deodorize, & Mildew Prevention: $0.30 per sq. ft. Board Up window opening: $3.50 per sq. Ft ULY Fogging: $0.06 per cu. Ft. Tarp Roof: $3.50 per sq. Ft. (200 Sq. Ft. Min.) Remove Wet Carpet or Pad: $0.95 per Sq. Ft. Tarp Roof Commercial: $10.00 per sq. ft. (200 SF min.) Remove Glue down Carpet and Dump: $1.95 per sq. ft Remove Baseboards: $0.60 per linear ft. Equipment setup Take down Monitoring: $50 p/h (2hr min.) Remove Tile/marble Baseboard: $2.20 per linear ft. Leak detection: Flat fee: $250 Block up furniture per room: $10.00 Inspection & Moisture Mapping: $50 per hour (2hr min.) Bag Debris for Disposal per bag: $10.00 ok > Thermal Imaging: Flat fee: $250.00 Services “ah will be bject to reasonable charges. é€ ng chase Cust. Name: EMngie. Recngee? EEDL f METHOD, 7) Signature: ~e=Z=]) low cnfofore a DSE Representative: Date: o9/ 2i[ 2020 14041 Rich ce, Davie, FL 33325 Ph: 954-366-4307 / info@drysolutionexpress.com